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A bill to be entitled

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An act relating to elections; amending s. 101.6102, F.S.;

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revising limitations of mail ballot elections; authorizing

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a board of county commissioners to choose to have certain

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elections by mail, subject to specified prior notice;

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amending s. 101.6103, F.S.; requiring certain electors

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using mail ballots to pay postage; requiring the Secretary

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of State to establish rules relating to mail ballot

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deposit sites; prohibiting unofficial deposit sites or

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ballot-collection services; providing for penalties;

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amending s. 101.62, F.S.; providing for a permanent

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absentee voter status; providing requirements for

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supervisors of elections relating to permanent absentee

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voters; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 101.6102, Florida Statutes, is amended

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to read:

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     101.6102  Mail ballot elections; limitations.--

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     (1)(a)  An election may be conducted by mail ballot if:

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     1.  The election is a referendum election at which all or a

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portion of the qualified electors of one of the following

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subdivisions of government are the only electors eligible to

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vote:

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     a.  Counties;

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     b. Municipalities Cities;

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     c.  School districts covering no more than one county; or

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     d.  Special districts;

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     2.  The governing body responsible for calling the election

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and the supervisor of elections responsible for the conduct of

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the election authorize the use of mail ballots for the election;

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and

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     3.  The Secretary of State approves a written plan for the

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conduct of the election, which shall include a written timetable

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for the conduct of the election, submitted by the supervisor of

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elections.

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     (b) In addition, An annexation referendum which includes

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only qualified electors of one county may also be voted on by

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mail ballot election.

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     (2)  The following elections may not be conducted by mail

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ballot:

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     (a)  An election at which any candidate is nominated,

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elected, retained, or recalled; or

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     (b)  An election held on the same date as another election,

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other than a mail ballot election, in which the qualified

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electors of that political subdivision are eligible to cast

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ballots.

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     (3) Notwithstanding subsections (1) and (2), a board of

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county commissioners may choose to conduct any election in that

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county, whether countywide, statewide, or federal, by mail ballot

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but must make that declaration no later than 120 days before the

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date of the scheduled election.

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     (4)(3) The supervisor of elections shall be responsible for

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the conduct of any election held under ss. 101.6101-101.6107.

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     (5)(4) The costs of a mail ballot election shall be borne

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by the jurisdiction initiating the calling of the election,

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unless otherwise provided by law.

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     (6)(5) Nothing in this section shall be construed to

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prohibit the use of a mail ballot election in a municipal

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annexation referendum requiring separate vote of the registered

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electors of the annexing municipality and of the area proposed to

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be annexed. If a mail ballot election is authorized for a

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municipal annexation referendum, the provisions of ss. 101.6101-

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101.6107 shall control over any conflicting provisions of s.

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171.0413.

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     Section 2.  Subsections (9), (10), and (11) are added to

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section 101.6103, Florida Statutes, to read:

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     101.6103  Mail ballot election procedure.--

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     (9) The supervisor of elections shall keep a record of all

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ballots mailed and all ballots returned.

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     (10) The elector shall pay postage if he or she chooses to

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return the ballot by mail.

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     (11)(a) The Secretary of State by rule shall establish

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requirements and criteria for the designation of places of

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deposit for the ballots cast in the election. The rules shall

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also specify the dates and times the places of deposit must be

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open and the security requirements for the places of deposit. At

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a minimum, the places designated under this paragraph shall be

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open on the date of the election for a period of at least 8

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hours, but must be open until at least 7 p.m. At each place of

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deposit designated under this paragraph, the county clerk shall

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prominently display a sign stating that the location is an

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official ballot drop site.

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     (b) Persons and organizations are prohibited from hosting

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unofficial deposit sites or ballot-collection services and are

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subject to the same penalties as voter fraud.

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     Section 3.  Paragraph (a) of subsection (1) of section

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101.62, Florida Statutes, is amended to read:

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     101.62  Request for absentee ballots.--

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     (1)(a)  The supervisor may accept a request for an absentee

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ballot from an elector in person or in writing.

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     1. Except as provided in s. 101.694, one request shall be

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deemed sufficient to receive an absentee ballot for all elections

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through the next two regularly scheduled general elections,

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unless the elector or the elector's designee indicates at the

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time the request is made the elections for which the elector

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desires to receive an absentee ballot. Such request may be

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considered canceled when any first-class mail sent by the

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supervisor to the elector is returned as undeliverable.

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     2. Except as provided in s. 101.694, upon receipt of a

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request for a permanent absentee voter status by an elector, the

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supervisor shall place the elector's name on a permanent absentee

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voter list and mail an absentee ballot to the elector for every

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election thereafter until the elector requests to be removed from

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the permanent absentee voter list or the supervisor removes the

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elector from the list because the elector has not voted in two

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consecutive general elections or because any first-class mail

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sent by the supervisor to the elector is returned as

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undeliverable. An elector may request a permanent absentee voter

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status using the same procedures used to register for absentee

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ballots.

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     Section 4.  This act shall take effect July 1, 2008.